State v. Edgen
Supreme Court of Missouri
Appeal from Audrain Circuit Court. — Ho». E. M. Hughes, Judge. No crime was committed and no charge can be sustained against defendant unless by the means employed, if any, he obtained money or property from another, and this he did not do. State v. Schaefer, 89 Mo. 271. The court should have taken this case from the jury.
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Appeal from Audrain Circuit Court. — Ho». E. M. Hughes, Judge. No crime was committed and no charge can be sustained against defendant unless by the means employed, if any, he obtained money or property from another, and this he did not do. State v. Schaefer, 89 Mo. 271. The court should have taken this case from the jury. There is not a scintilla of evidence that there ever was a bet made by the defendant with anyone; on the contrary, the evidence of the prosecuting witness was positive that no bet was ever made. The information was not sufficient; it does not inform the defendant of the…
1Opinion of the Court
In Division Two.
BURGESS, J.
In June, 1892, the defendant was convicted in the circuit court of Audrain county and his punishment fixed at five years ’ imprisonment in the penitentiary, under an information lodged by the prosecuting attorney with the clerk of said court, charging that he did, at said county, unlawfully and feloniously deal, play and practice the confidence game or swindle known as “three-card monte;” and then and there and thereby unlawfully and feloniously did attempt to obtain from B. O. Sims, a large sum of money, to-wit, five thousand dollars, lawful money of the United…
2Cases cited4 opinions
- State v. KruegerSupreme Court of Missouri · 1896
- State v. DewittSupreme Court of Missouri · 1899
- State v. WilkersonSupreme Court of Missouri · 1902
- State v. TorphyMissouri Court of Appeals · 1896
3Cited by10 opinions
- State v. TerrySupreme Court of Kansas · 1935
- State v. GowSupreme Court of Missouri · 1911
- State v. DeiterSupreme Court of Missouri · 1969
- People v. MayersCalifornia Court of Appeal · 1980
- Metcalf v. StateTennessee Supreme Court · 1959
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